On September 1, 2019, a series of new amendments under the Canada Labour Code (“Code”) came into force, affecting hours of work and rest, overtime, flexible work arrangements, enhanced vacation entitlements, paid leaves and unpaid leaves. The federal government’s Labour Program has since published a number of Interpretations, Policies and Guidelines (“IPGs”), whose aim is to provide policy-based guidance to promote the consistent interpretation of legislation and effective delivery of programs across Canada. For more information on the September 1, 2019 amendments themselves, please consult the following Norton Rose Fulbright Canada resources:

While it’s always important for employers to be professional when dismissing an employee, employers would be wise to exercise extra care if they have to let someone go during the holiday season.

Canadian courts have long cautioned employers to avoid being unduly insensitive in the way they dismiss employees. Courts don’t look kindly on terminations that are, as the Ontario Court of Appeal once described, “cold and brusque.”

If an employer’s conduct during a dismissal is unfair or unduly insensitive and leads to an employee’s mental suffering, that employer could be on the hook for paying the employee “aggravated” or … Continue Reading

As 2020 quickly approaches, there are a number of upcoming statutory holidays that would trigger obligations of employers to their employees. Below, we have summarized some the most important obligations of provincially regulated employers in Alberta, British Columbia, Ontario and Quebec, as well as federally regulated employers, to their employees with respect to the upcoming statutory holidays.

Which Days?

Christmas, Boxing Day and New Year’s Day

Every jurisdiction in Canada recognizes Christmas Day (December 25) and New Year’s Day (January 1) as statutory holidays. However, only Ontario (under the Employment Standards Act, 2000) and the federal government (under the … Continue Reading

Excessive absenteeism is one of the most difficult issues facing human resource professionals today. It is also one of the more complex areas of labour and employment law. One of the reasons why excessive absenteeism is so complicated is because it often raises human rights implications.

The perfect example is found in Coast Mountain Bus Company and CAW, Local 111 A-227/04 (Joan Gordon) — an old case with facts still faced by today’s employer nearly two decades later. The employer hired the employee as a bus driver in 1996 and terminated the employee in 2003 for excessive non-culpable absenteeism. The … Continue Reading

In light of the upcoming federal election – currently scheduled for October 21, 2019 – this is a timely reminder for employers on their statutory obligations to provide employees with time off from work so that employees may exercise their constitutionally-protected right to vote on polling day. Voter eligibility under the Canada Elections Act, or in French, la Loi électorale du Canada (the “Act”), is restricted to Canadian citizens who are at least 18 years of age.[1]

On polling day, electors are allowed three consecutive hours for the purpose of casting their vote during the following hours:

Every four seconds, someone in the world becomes a slave. It is estimated that there are currently over 40,000,000 modern slaves worldwide. The scale of the problem is such that it is impossible to ignore. This September, Norton Rose Fulbright welcomed Matt Friedman, CEO of the Mekong Club and international human trafficking expert, to Toronto and Ottawa to lead a seminar on modern slavery and its consequences for the private sector.

An estimated 76% of modern slavery takes the form of forced labour, and an estimated 60% of these cases are associated with supply chains. While the UN, NGOs and … Continue Reading

A suite of changes to Part III of the Canada Labour Code (the Code) are coming into force on September 1, 2019, that will confer new rights to employees. For many federally regulated employers, these amendments, brought under Bills C-86 and C-63, will have a significant impact on their workplaces and businesses.

To assist employers prepare for and navigate these new legislative changes and additions, the employment and labour group at Norton Rose Fulbright Canada LLP has created the “Federal Employment and Labour Guide”. The guide includes information and takeaways for employers on the following:

It is not uncommon for Canadian employers to send their employees to the U.S. for business reasons. When they do so, employers should be mindful of the difference between business and work travel. Depending on the purpose for travel, an individual may enter the U.S. as a Business Visitor, or they may need to apply for a work authorization.

The following information aims to assist employers whose employees frequently travel to the U.S. for either work or business-related reasons.

What is a Business Visitor?

An individual entering the U.S. may enter as a “B-1” business visitor for … Continue Reading

In May 2019, in the Canada Gazette, the Labour Program of the Department of Employment and Social Development (the “Labour Program”) announced a proposal to require all federally regulated employers to provide free menstrual products in the workplace for employees “due to the shame and stigma that often surrounds menstruation.” In addition, the Labour Program is looking to prevent the use of unhealthy alternatives to menstrual products, for example toilet paper, paper towels or expired products. If passed, this measure would apply to private-sector employers in the federal jurisdiction (e.g. banks, railways, airlines, marine ports, telecommunications, broadcasters … Continue Reading

In a recent decision from Newfoundland and Labrador, the court upheld an arbitrator’s decision that an employer had the right to refuse to employ an employee because of cannabis use.

The employee had 30 years of service as a labourer on construction projects in the province. He had worked on a hydro project that involved safety sensitive work.

Unfortunately, over the last 10 years he suffered from pain due to osteoarthritis and Crohns disease. He had a prescription for the use of cannabis. He used cannabis on a daily basis and his dosage was described as high. The employer refused … Continue Reading

About

Welcome to the Global Workplace Insider, a cutting-edge blog led by the global employment and labor team of Norton Rose Fulbright, designed to deliver diverse insight on legal and business developments and trends impacting employment and labor matters in various regions across the globe. We cover the full spectrum of employment and labor areas.